China's highest court issues new guideline to enhance legal protections for minors
China's top court released a new guideline on Wednesday aimed at enhancing judicial handling of civil cases involving children, thereby strengthening legal protections for minors.
The Supreme People's Court introduced a 39-article guideline designed to address the developmental and rights-based needs of minors. This directive instructs judges to prioritize the "best interests of the minor" principle, ensuring comprehensive and specialized protection by recognizing the unique nature of cases involving children.
The guideline emphasizes heightened protection for minors throughout the judicial process — from the initial case filing and hearings to the enforcement of rulings. It also formally incorporates social investigations and psychological support into the handling of these cases.
In response to public concerns, the guideline addresses challenging and high-profile issues such as minors' participation in legal proceedings, determining the primary caregiver, online spending, and safeguarding minors' property.
For instance, to tackle the growing number of disputes involving minors making in-game purchases or rewarding livestreaming hosts, the guideline states that courts should consider factors such as the transaction's relevance to the child's everyday life, the child's understanding of their actions, and both the individual and total amounts spent. These considerations aim to help determine whether the transaction is suitable for the child's age and maturity and, consequently, whether the contract is legally valid, it added.
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